First, to understand the essence of various coercive measures, their purpose and interaction.
the name of the conclusion, the date and place of the conclusion, its number; personal composition of judges of the Constitutional Court of Ukraine who took part in the consideration of the case; list of participants in the court hearing; the content of the constitutional petition, the constitutional appeal; provisions of the Constitution of Ukraine, which guided the Constitutional Court of Ukraine in issuing an opinion; motivational part of the conclusion; the operative part of the conclusion; it is obligatory to indicate that the conclusion of the Constitutional Court of Ukraine is final and not subject to appeal.
Decisions and conclusions of the Constitutional Court of Ukraine shall be signed no later than seven days after the decision is made and the opinion is issued.
Decisions and conclusions of the Constitutional Court of Ukraine are officially published on the next working day after their signing.
Decisions and conclusions of the Constitutional Court of Ukraine together with a separate opinion of judges of the Constitutional Court of Ukraine are published in the Bulletin of the Constitutional Court of Ukraine and in other official publications of Ukraine.
The Constitutional Court of Ukraine shall open a new proceeding in the case upon discovery of new circumstances in the case, which were not the subject of its consideration, but which existed at the time of consideration and decision-making or provision of an opinion in the case.
The grounds for raising the issue of initiating proceedings in the case of compliance of current legislation with the principles and norms of the Constitution of Ukraine regarding human and civil rights and freedoms are:
the presence of controversial issues regarding the constitutionality of laws and other legal acts adopted and promulgated in the prescribed manner; the emergence of controversial issues regarding the constitutionality of legal acts identified in the course of general proceedings; the emergence of controversial issues regarding the constitutionality of legal acts identified by the executive authorities in the process of their application and the Commissioner of the Verkhovna Rada of Ukraine for Human Rights in the process of its activities.
In the event of a dispute in the course of the general proceedings concerning the constitutionality of a rule of law applied by the court, the proceedings shall be suspended. Under such conditions, the constitutional proceedings in the case are opened and the case is considered by the Constitutional Court of Ukraine immediately.
The subject of constitutional proceedings in cases of constitutionality of norms of laws, which contradictory regulation of the order of the realization of constitutional rights and freedoms of man and citizen, is the resolution of disputes concerning constitutionality of norms of two or more laws or acts of international law. the procedure for exercising the same constitutional rights and freedoms, which significantly limits the possibilities of their use. The decision of the Constitutional Court of Ukraine determines which law is constitutional and which is unconstitutional and invalid.
Exercising constitutional control, the Constitutional Court of Ukraine has a significant impact on the activities of public authorities in the field of observance and protection of human and civil rights, especially in the field of rule-making (legislation), deciding on the inconsistency of certain legal acts or their individual provisions of the Constitution. constitutional norms in the consideration of specific cases and implementationor an official interpretation of the Constitution and laws of Ukraine, which becomes mandatory for all subjects of law.
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Legal characteristics of termination of administrative offenses and types of measures of administrative termination
The management of society, ensuring public discipline and law and order is carried out by means of active means of purposeful influence on the consciousness and behavior of people.
These methods are such methods of state and public activity as persuasion and coercion. Beliefs and coercion, as methods of public administration, are social phenomena, as they find their expression in the content of relations between the participants of specific social relations. "Persuasion precedes coercion, which is applied to citizens who are unable to direct their behavior in accordance with the will of the state."
Coercion exists in any society and is a necessary element of the organization of society itself. If in the early of society it was based on the authority of elders, leaders, stages in modern society – on state power. Thus, coercion is closely linked to state power and determines the nature of that power.
"The interests of the protection of law and order and the maintenance of state discipline require that state bodies ensure the implementation of the state will, applying, if necessary, to those who do not follow this will voluntarily, and coercive measures permitted by law. " State coercion is used on the basis of conviction, within the strict framework of legality. "The most important principles in the fight against crime are the inevitability of influencing the offender …, legality, justice, humanism." State coercion is a means of protecting the interests of society, a forced reaction to illegal actions. Administrative coercion is a kind of state, separate, independent institution of administrative law.
In essence, it is an interference in the sphere of legal interests of the offender, other subjects of law. Administrative coercion includes measures to stop administrative offenses, administrative warnings and administrative penalties. The basis for the application of these measures is the Code of Administrative Offenses and the Customs Code, laws on the police, the security service, the state border, and so on.
The concept of termination of administrative offenses
The decisive role in the fight against crime belongs to the state. It has a special coercive apparatus. Legal norms determine in which cases state bodies may apply measures of administrative termination, administrative warning and administrative penalties, types and amounts of coercive measures (sanctions) and the procedure for their application. State coercion, "mediated by law, takes the form of legal coercion and, as a rule, manifests itself in specific coercive measures applied by authorized state bodies (officials) in connection with non-compliance with legal norms."
But we must realize that the very types of administrative coercion (administrative termination, warning and punishment) are different. Thus, "measures of termination and prevention have a preventive and protective nature" while administrative punishment is a punishment, a form of responsibility. It cannot be applied without a legal assessment of the committed act, establishing the guilt of the offender, the presence of other elements of a particular offense. Unlike a penalty, the application of an administrative termination does not require the establishment of the above factors. Administrative termination concerns a future act. Measures of administrative termination affect the behavior of the person and not directly the person, as is the case with the application of administrative penalties. The termination itself, in contrast to the punishment in general, is not clearly defined in the law by the scope of actions. Therefore, there is no reason to equate measures of termination with other measures of administrative coercion.
Thus, administrative termination can be defined as "a set of measures of state-compulsory termination of relevant offenses that have begun or are being prepared, resumption of legal relations violated by them, prevention of harmful consequences of actions, providing conditions for prosecution.
According to VE Sevryugin, the allocation of measures of administrative termination, as well as the classification of types of administrative coercion in general, is of great theoretical and practical significance. First, to understand the essence of various coercive measures, their purpose and interaction. Secondly, it is important to apply these measures and ensure their effectiveness. Third, correct classification is necessary for their scientific codification.
Based on the above, it can be concluded that the measures of administrative termination are aimed at stopping illegal actions, they are used to prevent new offenses and the occurrence of harmful consequences.